United States Supreme Court Cases & Opinions

U.S. Supreme Court

Silsby v. Foote, 61 U.S. 20 How. 290 290 (1857)

Silsby v. Foote

61 U.S. (20 How.) 290

Syllabus

Where an appeal from a decree is taken within ten days from the rendition of the decree, it is in time to operate as a supersedeas, and so also if taken within ten days after the decree is settled and signed.

There were two cases upon the docket, with precisely the same caption, one numbered 54 and the other 106.

The case in question was the one numbered 106, which it was moved to dismiss for the following reasons:

"And the said appellee comes into court at the December term thereof, 1857, and moves the said Court to dismiss the appeal in this cause, docketed as No. 106 at the said term upon the ground that there had been previously taken by the said appellants an appeal from the same portions of the decree made below which are appealed from in this cause, and which prior appeal is still pending and undetermined in this Court, and such motion will be made upon the records filed in this cause, and in cause No. 54 on the docket for December term, 1857."

"R. H. GILLET"

"December 18, 1857 Of Counsel for Appellee"

Page 61 U. S. 294